(a) Upon granting a motion to suppress evidence the judge must order that the evidence in question be excluded in the criminal action pending against the defendant. When the order is based upon the ground of an unlawful search and seizure and excludes tangible property unlawfully taken from the defendant's possession, and when the property is not contraband or otherwise subject to lawful retention by the State or another, the judge must order that the property be restored to the defendant at the conclusion of the trial including all appeals.
(b) An order finally denying a motion to suppress evidence may be reviewed upon an appeal from a judgment of conviction, including a judgment entered upon a plea of guilty.
(c) An order by the superior court granting a motion to suppress prior to trial is appealable to the appellate division of the General Court of Justice prior to trial upon certificate by the prosecutor to the judge who granted the motion that the appeal is not taken for the purpose of delay and that the evidence is essential to the case. The appeal is to the appellate court that would have jurisdiction if the defendant were found guilty of the charge and received the maximum punishment. If there are multiple charges affected by a motion to suppress, the ruling is appealable to the court with jurisdiction over the offense carrying the highest punishment.
(d) A motion to suppress evidence made pursuant to this Article is the exclusive method of challenging the admissibility of evidence upon the grounds specified in G.S. 15A-974. (1973, c. 1286, s. 1; 1975, c. 166, s. 27; 1979, c. 723.)
§ 15A-980. Right to suppress use of certain prior convictions obtained in violation of right to counsel.
(a) A defendant has the right to suppress the use of a prior conviction that was obtained in violation of his right to counsel if its use by the State is to impeach the defendant or if its use will:
(1) Increase the degree of crime of which the defendant would be guilty; or
(2) Result in a sentence of imprisonment that otherwise would not be imposed; or
(3) Result in a lengthened sentence of imprisonment.
(b) A defendant who has grounds to suppress the use of a conviction in evidence at a trial or other proceeding as set forth in (a) must do so by motion made in accordance with the procedure in this Article. A defendant waives his right to suppress use of a prior conviction if he does not move to suppress it.
(c) When a defendant has moved to suppress use of a prior conviction under the terms of subsection (a), he has the burden of proving by the preponderance of the evidence that the conviction was obtained in violation of his right to counsel. To prevail, he must prove that at the time of the conviction he was indigent, had no counsel, and had not waived his right to counsel. If the defendant proves that a prior conviction was obtained in violation of his right to counsel, the judge must suppress use of the conviction at trial or in any other proceeding if its use will contravene the provisions of subsection (a). (1983, c. 513, s. 1.)
Notes of Decisions
Cited in
304
cases (
46 in the last 5 years), 1976–2026 · leading case:
State v. Brown, 543 S.E.2d 192 (N.C. Ct. App. 2001).
State v. Brown, 543 S.E.2d 192 (N.C. Ct. App. 2001).
· cites it 30× “" However, we do not reach the merits, because defendant failed to present a record on appeal from which we can determine that he complied with established case and statutory law, which mandates that notice of intent to appeal be given to the trial court and prosecution prior to…”
State v. Pimental, 568 S.E.2d 867 (N.C. Ct. App. 2002).
· cites it 9× “(e) Except as provided in subsections (al) and (a2) of this section and G.S. 15A-979, and except when a motion to withdraw a plea of guilty or no contest has been denied, the defendant is not entitled to appellate review as a matter of right when he has entered a plea of guilty…”
State v. Styles, 665 S.E.2d 438 (N.C. 2008).
· cites it 6× “Defendant's motion was denied on 31 October 2005, and defendant pled guilty to all charges, expressly reserving the right to appeal the denial of his motion to suppress under N.”
State v. Reynolds, 259 S.E.2d 843 (N.C. 1979).
· cites it 12× “The sentencing judge should know whether defendant's plea will finally dispose of the matter or whether there is the immediate prospect of a new proceeding and a new sentence.”
State v. Williams, 759 S.E.2d 350 (N.C. Ct. App. 2014).
· cites it 36× “Pursuant to N.C. Gen. Stat. § 15A-979(c), where the State intends to appeal from a trial court’s ruling on a motion, the State must file a certificate with the trial court indicating that the State’s appeal is not taken for purposes of delay and the evidence sought is necessary…”
State v. Tew, 392 S.E.2d 603 (N.C. 1990).
· cites it 12× “This section on its face would apply whether the appeal is from district court or superior court, though the right of trial de novo already guarantees the defendant the right to renew motions in superior courteven after a plea of guilty.”
State v. Jones, 588 S.E.2d 5 (N.C. Ct. App. 2003).
· cites it 10× “However, pursuant to our jurisdiction under N.C. Gen. Stat. § 15A-979 to review defendant’s motion to suppress, we may also review the trial court’s jurisdiction.”
State v. Fowler, 676 S.E.2d 523 (N.C. Ct. App. 2009).
· cites it 8× “See N.C. Gen. Stat. § 15A-979(c) (2007) (“An order by the superior court granting a motion to suppress prior to trial is appealable to the appellate division of the General Court of Justice prior to trial upon certificate by the prosecutor to the judge who granted the motion…”
State v. Smith, 343 S.E.2d 518 (N.C. 1986).
· cites it 17× “See Official Commentary, N.C.G.S. § 15A-979 (1983). As grounds for suppression of his incriminating statement, defendant contends that it was obtained in violation of his fifth amendment right against compulsory self-incrimination, his sixth amendment right to counsel, and his…”
State v. Tate, 265 S.E.2d 223 (N.C. 1980).
· cites it 11× “If the motion is denied then the defendant, “whose only real defense is the motion to suppress [can immediately appeal without] .”
State v. Franklin, 736 S.E.2d 218 (N.C. Ct. App. 2012).
· cites it 16× “15A-1445 (which refers to G.S. 15A-979). Id. I write separately to point out the tension between N.”
State v. McNeill, 613 S.E.2d 43 (N.C. Ct. App. 2005).
· cites it 20× “" N.C. Gen.Stat. § 15A-979(a) (2003) (emphasis added).”
— N.C. Gen. Stat. § 15A-979(B) — 1 case
— N.C. Gen. Stat. § 15A-979(a) — 1 case
State v. McNeill, 613 S.E.2d 43 (N.C. Ct. App. 2005).
“" N.C. Gen.Stat. § 15A-979(a) (2003) (emphasis added).”
— N.C. Gen. Stat. § 15A-979(b) — 175 cases
State v. Brown, 543 S.E.2d 192 (N.C. Ct. App. 2001).
“" However, we do not reach the merits, because defendant failed to present a record on appeal from which we can determine that he complied with established case and statutory law, which mandates that notice of intent to appeal be given to the trial court and prosecution prior to…”
State v. Pimental, 568 S.E.2d 867 (N.C. Ct. App. 2002).
“(e) Except as provided in subsections (al) and (a2) of this section and G.S. 15A-979, and except when a motion to withdraw a plea of guilty or no contest has been denied, the defendant is not entitled to appellate review as a matter of right when he has entered a plea of guilty…”
State v. Styles, 665 S.E.2d 438 (N.C. 2008).
“Defendant's motion was denied on 31 October 2005, and defendant pled guilty to all charges, expressly reserving the right to appeal the denial of his motion to suppress under N.”
State v. Reynolds, 259 S.E.2d 843 (N.C. 1979).
“The sentencing judge should know whether defendant's plea will finally dispose of the matter or whether there is the immediate prospect of a new proceeding and a new sentence.”
State v. Franklin, 736 S.E.2d 218 (N.C. Ct. App. 2012).
“15A-1445 (which refers to G.S. 15A-979). Id. I write separately to point out the tension between N.”
— N.C. Gen. Stat. § 15A-979(b)(1988) — 1 case
— N.C. Gen. Stat. § 15A-979(b)(2001) — 6 cases
State v. Jones, 588 S.E.2d 5 (N.C. Ct. App. 2003).
“However, pursuant to our jurisdiction under N.C. Gen. Stat. § 15A-979 to review defendant’s motion to suppress, we may also review the trial court’s jurisdiction.”
— N.C. Gen. Stat. § 15A-979(b)(2003) — 2 cases
— N.C. Gen. Stat. § 15A-979(b)(2007) — 1 case
— N.C. Gen. Stat. § 15A-979(c) — 50 cases
State v. Williams, 759 S.E.2d 350 (N.C. Ct. App. 2014).
“Pursuant to N.C. Gen. Stat. § 15A-979(c), where the State intends to appeal from a trial court’s ruling on a motion, the State must file a certificate with the trial court indicating that the State’s appeal is not taken for purposes of delay and the evidence sought is necessary…”
State v. Fowler, 676 S.E.2d 523 (N.C. Ct. App. 2009).
“See N.C. Gen. Stat. § 15A-979(c) (2007) (“An order by the superior court granting a motion to suppress prior to trial is appealable to the appellate division of the General Court of Justice prior to trial upon certificate by the prosecutor to the judge who granted the motion…”
— N.C. Gen. Stat. § 15A-979(d) — 15 cases
State v. Tate, 265 S.E.2d 223 (N.C. 1980).
“If the motion is denied then the defendant, “whose only real defense is the motion to suppress [can immediately appeal without] .”
State v. McNeill, 613 S.E.2d 43 (N.C. Ct. App. 2005).
“" N.C. Gen.Stat. § 15A-979(a) (2003) (emphasis added).”
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